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Constructive Trust Agreement
"I need a Constructive Trust Agreement to document my former partner's acknowledgment that I have a 50% beneficial interest in our family home in Toronto, which they purchased using my contributions during our 10-year common law relationship."
1. Parties: Identification of the constructive trustee (person holding the property) and the beneficiary (person claiming beneficial interest)
2. Background: Recitals explaining the circumstances leading to the creation of the constructive trust, including the relevant facts showing unjust enrichment or wrongful conduct
3. Definitions: Key terms used throughout the agreement, including specific definitions of the Property, Trust Relationship, and other relevant terms
4. Acknowledgment of Trust: Formal recognition of the constructive trust relationship and the basis for its creation
5. Trust Property: Detailed description of the property subject to the constructive trust
6. Declaration of Beneficial Interest: Clear statement of the beneficiary's interest in the trust property
7. Trustee Obligations: Specific duties and responsibilities of the trustee regarding the trust property
8. Property Management: Provisions regarding how the trust property will be managed and maintained
9. Accounting Requirements: Obligations regarding financial reporting and accounting for the trust property
10. Duration of Trust: Terms specifying how long the trust will continue and under what circumstances it will terminate
11. Dispute Resolution: Procedures for resolving any disputes related to the trust arrangement
12. Governing Law: Specification of applicable law and jurisdiction
1. Tax Provisions: Included when there are specific tax implications that need to be addressed regarding the trust property
2. Third Party Rights: Needed when other parties have interests or rights related to the trust property
3. Insurance Requirements: Required when specific insurance coverage needs to be maintained for the trust property
4. Successor Trustees: Included when provisions for replacement trustees need to be established
5. Distribution Provisions: Required when there are specific rules about how and when trust property may be distributed
6. Indemnification: Added when specific indemnification provisions are needed to protect either party
7. Confidentiality: Included when parties need to maintain confidentiality about the trust arrangement
1. Schedule A - Property Description: Detailed description and/or inventory of all property subject to the constructive trust
2. Schedule B - Valuation Report: Professional valuation of the trust property as of the agreement date
3. Schedule C - Historical Documentation: Documents evidencing the circumstances leading to the creation of the constructive trust
4. Schedule D - Management Guidelines: Specific procedures and requirements for managing the trust property
5. Appendix 1 - Related Court Orders: Copies of any court orders or judgments related to the trust arrangement
6. Appendix 2 - Financial Statements: Relevant financial records related to the trust property
Authors
Applicable Law
Beneficiary
Beneficial Interest
Claim
Commencement Date
Constructive Trust
Dispute
Effective Date
Encumbrance
Equity
Financial Records
Governing Law
Income
Legal Title
Parties
Property
Records
Related Documents
Trust
Trust Property
Trustee
Trust Obligations
Trust Period
Trust Records
Unjust Enrichment
Valuation Date
Wrongful Act
Business Day
Confidential Information
Distribution
Material Change
Permitted Encumbrance
Professional Advisor
Related Party
Security Interest
Term
Third Party Rights
Trust Account
Trust Administration
Acknowledgment of Trust
Property Description
Beneficial Interest
Trust Creation
Trust Management
Trustee Powers
Trustee Duties
Accounting and Reporting
Property Administration
Income Distribution
Expenses
Indemnification
Confidentiality
Dispute Resolution
Governing Law
Termination
Amendment
Notice
Severability
Assignment
Entire Agreement
Force Majeure
Compliance
Third Party Rights
Insurance
Property Maintenance
Record Keeping
Tax Matters
Succession
Liability
Remedies
Real Estate
Family Services
Legal Services
Financial Services
Property Management
Estate Planning
Business Services
Corporate Services
Investment Management
Professional Services
Legal
Compliance
Risk Management
Real Estate
Property Administration
Trust Administration
Corporate Secretariat
Wealth Management
Business Development
Finance
Legal Counsel
Property Manager
Estate Planner
Trust Officer
Financial Advisor
Real Estate Manager
Compliance Officer
Risk Manager
Corporate Secretary
Family Law Practitioner
Wealth Manager
Business Development Manager
General Counsel
Legal Administrator
Property Administrator
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